BESScheck

Battery storage rules: Austin County, TX

Austin County's Commissioners Court adopted a temporary moratorium on construction of battery storage and data centers in the county's unincorporated areas on July 27, 2026, effective immediately. It does not apply inside city limits.

Austin County: temporary moratorium on battery storage and data centers

Adopted July 27, 2026, effective immediately, for the unincorporated areas of the county. - What it requires: county fire marshal plan review and written approval, and an independent engineering evaluation. No permits until the county finishes a health and safety review; the commissioners decide when it is done. - What it leaves out: land inside city limits, home systems under 1 MWh that aren't grid-connected, and projects with every permit issued and construction substantially complete. Flow batteries still get fire and life-safety review. - State law: a county may not adopt rules inconsistent with the state's fire-safety standards unless another statute allows it (§187.003(d)), but it may ask for an independent engineering evaluation before a facility in its unincorporated area starts operating (§187.003(e)). Austin County moratorium order (July 27, 2026); Utilities Code §187.003(d)–(e) (HB 3824)

Fire and building codes in force

How a project is permitted

No state siting permit. HB 1343 and SB 1519, which would have required a Public Utility Commission permit for certain electric energy storage facilities, remained in committee (Texas Legislature Online). Chapter 187 applies to facilities of 1 MWh or more with a commercial operations date on or after January 1, 2027 (§187.002). The operator delivers the site-specific emergency operations plan to the local first responder that provides fire protection before the commercial operations date (§187.004(d)(1)); the State Fire Marshal enforces the chapter, including administrative penalties (§187.005). A county may also have its own requirements, so ask the county and city for the local permit path. ERCOT registration and interconnection is a market process, not a safety permit.

Check a specific system

For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.